Sec. 20302. Solar component manufacturing supply chain assistance
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The Congress finds that it is in the interest of the United States— to have a viable solar component manufacturing supply chain; and to reduce the reliance of United States manufacturers on solar components made in the People’s Republic of China. Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and carry out a program to award grants and direct loans to eligible entities to carry out projects in the United States for— the construction of new facilities that manufacture solar components; and retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components.
In awarding grants and direct loans under the program, the Secretary shall take into consideration whether a project— is strategically located near manufacturers in the solar component manufacturing supply chain to create a geographic concentration of manufacturers in the solar component manufacturing supply chain; has the potential to materially reduce the reliance of United States manufacturers on solar components, including photovoltaic cells and photovoltaic wafers, made in the People’s Republic of China; will provide the potential for both direct and indirect domestic job creation, including jobs for low-income communities, dislocated workers, and workers from groups that are underrepresented in the manufacturing industry; and will result in economic development or economic diversification in economically distressed regions or localities, including any region or locality— with a high proportion of residential and commercial properties that are vacant due to foreclosure, eviction, abandonment, or other causes; with racial disparities in homeownership rates; with population loss; where economic inequities have grown substantially due to job dislocation and outsourcing; and in the case of a census tract located within a metropolitan area, where the median family income for such census tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income.
The Secretary may issue a written finding on whether any advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People’s Republic of China. In carrying out the program, the Secretary may not award grants or direct loans for projects that will source solar components from, or supply their solar components to, any facility that— uses forced labor; or is located in— an area controlled by the Taliban or any entity designated by the Secretary of State as a foreign terrorist organization; or a foreign country of concern, as defined in section 10306 of this Act.
To be eligible to receive a grant or direct loan under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. A direct loan made under the program shall— bear interest at a rate that does not exceed a level that the Secretary determines appropriate; and be subject to such other terms and conditions as the Secretary determines appropriate. Section 988(c) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(c) ) shall apply to a grant made under this section.
Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part , by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C.
App.) and section 3145 of title 40, United States Code. Notwithstanding any contrary provision of law, including the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), paragraphs
(2)through
(7)shall apply with respect to any funding recipient who is an employer and any labor organization who represents or seeks to represent employees of a funding recipient, as those terms are defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). Any employer receiving funds under this section shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for bargaining who perform or will perform funded work have signed valid authorizations designating the labor organization as their bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit pursuant to the National Labor Relations Act ( 29 U.S.C. 151 et seq. ). Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board (the Board) that it has determined that the labor organization represents a majority of the employees and that it is recognizing the labor organization as the exclusive representative of the employees for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). Should a dispute over majority status or the appropriateness of the unit arise between the employer and the labor organization, either party may request that the Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ). Not later than 10 days after receiving a written request for collective bargaining from a recognized or certified labor organization, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (5), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer must each select the members of the tripartite arbitration panel within 14 days of the Service’s referral; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within 120 days, absent extraordinary circumstances or by agreement or permission of the parties, and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— the employer’s financial status and prospects; the size and type of the employer’s operations and business; the employees’ cost of living; the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and the wages and benefits other employers in the same business provide their employees. Any employer receiving funds under this section shall require any subcontractor whose employees perform or will perform funded work to comply with the requirements set forth in paragraphs
(1)through
(6)above. The Secretary may use any amounts made available under this section to pay the costs of providing direct loans under the program. There is authorized to be appropriated to carry out this section $600,000,000 for each of fiscal years 2022 through 2026. Not less than $20,000,000 of the amount made available to carry out this section each fiscal year shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities. In this section: The term advanced solar technology means any new or emerging technology, system, or mechanism that uses solar radiation to generate electrical energy, and any component thereof. The term direct current optimizer means a product which converts direct current electricity from one or more solar modules or advanced solar technologies to a different direct current voltage that is matched to the input requirements of an inverter. The term direct loan means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Government asset on credit terms. The term eligible entity means a private entity, including a manufacturer, or a partnership of private entities. The term forced labor has the meaning given such term in section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). The term integrated module means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product which is— suitable to generate electricity when exposed to sunlight; and ready for installation without additional manufacturing processes. The term inverter means a product which converts direct current electricity from one or more solar modules or advanced solar technologies into alternating current electricity. The term labor organization has the meaning given the term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). The term parties means a labor organization that is newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) and the employer of the employees represented by such organization. The term photovoltaic cell means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity. The term photovoltaic wafer means a thin slice, sheet, or layer of semiconductor material of at least 240 square centimeters produced by a single manufacturer— either— directly from molten or evaporated solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer; or through formation of an ingot from molten polysilicon and subsequent slicing; and which comprises the substrate or absorber layer of one or more photovoltaic cells. The term program means the program established under subsection (b). The term racking means a structural steel or aluminum support element, of any cross-section shape and which may be assembled from individually manufactured segments, spanning longitudinally, on which solar modules are supported. The term Secretary means the Secretary of Energy. The term solar component includes an integrated module, a photovoltaic cell, a photovoltaic wafer, solar grade polysilicon, a solar module, an inverter, racking, a tracker, a direct current optimizer, and any advanced solar technology for which the Secretary has issued a written finding under subsection
(d)that such advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in the People’s Republic of China. The term solar grade polysilicon means silicon which is— suitable for use in photovoltaic manufacturing; and purified to a minimum purity of 99.999999 percent silicon by mass. The term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is— suitable to generate electricity when exposed to sunlight; and ready for installation without an additional manufacturing process. The term tracker means— a structural steel support on which solar modules are supported; and the mechanism by which that support is oriented to varying angles with respect to the sun's position. The term traditional solar component means an integrated module, a photovoltaic cell, a photovoltaic wafer, solar grade polysilicon, and a solar module.
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- 64 Stat. 1267
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Sec. 20302
Solar component manufacturing supply chain assistance
Stat.64 Stat. 1267
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